No description available.

This thesis analyses the Tamil minority problem in Sri Lanka in the light of self-determination and state sovereignty. State practice with respect to self-determination is discussed, in particular cases of Aaland Island, Katanga, Biafra and Bangladesh. Historical background, location and composition, as it relates to the Tamil minority problem in the country, are described, and the specific issue of self-determination in the Sri Lankan context of secession is dealt with. The research attempts to ascertain the legal conditions which would warrant secession. / Master of Laws (Hons.)

Thesis (M.A.)--University of Waikato, 2007. / Originally presented as the author's M.A thesis, Waikato University, 2008.

My thesis is that Indigenous peoples, as distinct people, are entitled to the full affirmation and explicit recognition of the right to self-determination in the context of the draft U N Declaration on the Rights of Indigenous Peoples and in international law generally. The international community, and in particular, the nation-state members of the United Nations must uphold their legally binding international obligations in this regard. My methodology has been to utilize the human rights framework and approach, as well as rights discourse to advance this thesis. In addition, I am relying upon my direct participation in this important standard setting process, as well as the writings of various publicists. The right of peoples to self-determination is considered by numerous international authorities to be jus cogens or a peremptory norm. Similarly, the prohibition of racial discrimination is considered by numerous authorities to be a peremptory norm. Throughout the draft Declaration debate, a number of states have proposed wording that would dramatically alter the scope and content of the right to selfdetermination, thereby limiting, qualifying or modifying this right in the context of indigenous peoples. Any state proposals to qualify, limit or modify the right of indigenous peoples to self-determination would be racially discriminatory. If Article 3 of the draft Declaration were to be altered - even to include the same or similar notions as might currently exist under international law - it would invite interpretations to be applied to indigenous peoples' right to self-determination that are different from those of other peoples. It might also have the effect of wrongfully freezing the interpretation of this indigenous human right, in such a manner as to prevent or otherwise stifle its natural evolution under international law. If there is no equality of application of the rule of law in the context of international law and states succeed in introducing discriminatory double standards in connection to indigenous peoples and their fundamental right to self-determination, then the failure of the human rights framework, the United Nations system and nation-states themselves will seriously erode the very concepts of democracy, human rights and the rule of law.

This thesis looks at the problem of governance and statehood in Africa from an international law perspective. Adopting a comparative analytical research method, the thesis investigated the idea of statehood in traditional Africa and Europe, and highlighted conceptual differences. It traced the origin and nature of the post colonial African state to an oppressive and totalitarian colonial state; and the coalescence of international law with European civilization and reality. The argument is made that the international law framework on statehood and international solutions of intervention and democratization, are inadequate for dealing with the problems of statehood in Africa and its consequences such as state collapse. The thesis proposes the legitimization of the African post colonial state through a combination of a process of self determination and democratization. The pattern of self determination proposed seeks to give normative expression to an African state's reality by using the equilibrium of the peoples incorporation and disengagement from the state as an index for determining the role and relevance of the state. It is proposed that this index, in determining the ambits of the right to self determination of the constituent political units in a state, should entitle an African nation to a minimum of the right to self governance in a confederate system. In complimenting the foregoing legitimization process, the thesis proposes a democratic framework that is constructed on cultural foundations of endogenous democracy and development.

[No abstract]

In an era of globalisation, often described as the era of mobility and of the decline of the relevance of territory, the Roma and the Travellers embody a transnational and non-territorial society. Yet this minority group experiences deplorable living conditions and the survival of its culture is endangered. A study of minority protection mechanisms in international law reveals that the grasp of territory and "sedentarism" has far from disappeared from this branch of law. Territory (or the absence thereof) and movement are the main challenges faced by international law in the development of solutions to the situation of the Roma and the Travellers. In light of the failure of current minority protection regimes, the quest for recognition of a "Roma nation" appears to be an avenue worth exploring. However, while the Roma may not fall clearly within the parameters of minority protection, they do not fall clearly within the concept of nation either. When examining the potential of such recognition, one realizes that it is necessary to redefine the right of self-determination in the context of minority protection and in a transnational and non-territorial perspective.

No description available.

Thesis (M.A.)--University of Hawaii at Manoa, 2004. / Includes bibliographical references (leaves 212-219). / Also available by subscription via World Wide Web / vii, 219 leaves, bound 29 cm

Thesis (M.A.)--University of Hawaii at Manoa, 2008.